1937 MISSOURI ATTORNEY GENERAL'S OPINIONS

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OpinionDateTopicSummary
1-37Apr 23 CITIES OF THE FIRST CLASS.
OFFICERS.
Vacancy in City Council, how filled, and reorganization pursuant to vacancy.
1-37Apr 28 Mr. H.D. Allison WITHDRAWN
1-37June 1 BUILDING & LOAN. Consent of Supervisor necessary in order to mature stock; a plan of maturing certificates which exacts a contribution from shareholders is legal if no advantage or disadvantage is taken of other shareholders.
1-37June 24 SCHOOLS. The School District is not liable for damages in case of personal injuries sustained by persons in the building.
1-37Aug 16 ELECTIONS. Laws should be construed to give effect to legislative intent as expressed in the whole legislative Act.
2-37May 12 ASSESSORS. Assessments in a county or city of the third class must conform in value.
3-37Feb 25 MOTOR VEHICLES. Reciprocity or comity between states is recognized by Section 7768, R. S. Mo. 1929, as it relates to licenses of motor vehicles.
3-37Mar 12 OFFICERS.
SHERIFFS.
EXECUTIONS.
Incoming sheriff may complete sale of property under execution where outgoing sheriff has levied but not completed sale.
3-37June 8 CONSOLIDATED SCHOOL DISTRICTS. Back taxes collected after disorganization of consolidated school district should go to the original districts or to the districts formed in proportion to the area, assessment and the amount paid in by each district, or same may be settled by an interplea by each district for the amount contended for.
3-37Dec 14 COUNTY COURT.
DEPUTY COUNTY CLERK.
Does not have to assign its reasons in the record for its refusal to approve the County Clerk’s appointment of a deputy county clerk.
4-37Mar 2 CIRCUIT CLERKS. Circuit clerks are entitled to fees earned although not collected during the year for which they are earned, but collected in subsequent years, for one year’s service.
4-37June 14 DOG RACES.
POOL MAKING.
American Animal Auction—Violation of Section 4286.
4-37July 2 COUNTY BUDGET LAW. Surplus revenue of a subsequent year may be applied to a deficit of a prior year, but surplus revenue of a prior year may not be applied to a subsequent year’s obligations while obligations of a year prior to the year for which there is a surplus are outstanding.
5-37Feb 3Hon. Latney Barnes WITHDRAWN
5-37Mar 1 COUNTY BUDGET ACT. 1. Any surplus remaining at close of fiscal year may be used to pay outstanding valid county warrants for previous years.
2. Warrants should be paid according to registration.
3. Section 14 of County Budget Act applies to counties of more than 50,000 population.
5-37Mar 25 COUNTY BUDGET ACT. Warrants in Class 6 may be used for taking care of a deficit in Class 4.
5-37Nov 2 COUNTY BUDGET ACT. The juvenile clerk can receive compensation during 1937 only from surplus funds from the other classes; the circuit clerk cannot withhold fees to compensate him as juvenile clerk.
5-37Nov 16TAXATION.
SALES TAX.
Investigations and hearings by Auditor compelling production of books and papers. State Auditor in holding investigations and hearings may summon witnesses and require production of any books, papers or records of anyone having evidence needed in such hearing.
5-37Dec 17 LIQUOR. When and where anyone may sell intoxicating liquor in original package not to be consumed on premises.
6-37Jan 6 INDICTMENT & INFORMATION. Counts for felony and misdemeanor may not be joined.
6-37June 28 POISON.
PROSECUTING ATTORNEYS.
Prosecuting Attorneys are authorized to inspect poison register books.
6-37July 23 BOARD OF ELECTION COMMISSIONERS.
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 450.
Present board of election commissioners has no authority to carry out provisions of House Bill No. 450, prior to effective date.
8-37Mar 16 SHERIFF.
CONSTABLE.
Power to execute state warrants.
8-37Oct 26 DEPOSITORIES.
COUNTY DEPOSITORIES.
BANKS & BANKING.
Personal depository bond may be cancelled, by compliance with depository pledging assets in conformity with Laws of Mo. 1937.
9-37Aug 5 STATE PURCHASING AGENT. Has jurisdiction over purchases of raw material for the Department of Industries of the State Prison.
9-37Aug 12 STATE PURCHASING AGENT. Purchases of the University Co-operative Store of Columbia, Missouri, not within jurisdiction of State Purchasing Act of 1933.
9-37Oct 5 PURCHASED AGENT ACT.
APPROPRIATION ACT.
Construction of Section 48-A, House Bill 509. Cannot include general legislation.
9-37Oct 6 COUNTY CLERKS. Deputy Clerks’ pay in Nodaway County.
9-37Oct 18 STATE PURCHASING AGENT.
CONSERVATION COMMISSION.
The State Purchasing Agent should purchase the supplies for the State Conservation Commission, except he has no authority to lease or purchase land for it.
9-37Dec 20 STATE CONSERVATION COMMISSION.
PRINTING.
The printing on behalf of the State Conservation Commission should be procured through the State Printing Commission.
10-37Mar 10 INTOXICATING LIQUOR. No provisions licensing persons for sale of intoxicating liquor and beer on boats or vessels.
10-37Apr 15 SCHOOLS. A school district situated in two or more counties or townships shall deposit bonds voted with the county or township in which schoolhouse is situated.
10-37Apr 26 SCHOOLS. Directors in consolidated School districts shall fill vacancy in accordance with Sec. 9290 R. S. Mo. 1929, when one candidate is elected and other candidates tie in votes, where two are to be elected.
10-37May 24 CITIES OF THE FOURTH CLASS. Board of Aldermen may pass motions or resolutions when a majority of the quorum of the Board concur.
11-37Feb 10 Hon. Chas. D. Brandom WITHDRAWN
11-37Apr 29 Hon. F. M. Brady WITHDRAWN
11-37June 28 COUNTY BUDGET ACT.
ROADS AND BRIDGES.
1. County Court cannot use funds of the county to build bridges in special road districts.
2. No funds budgeted under class 3 can be used for the repair, upkeep or building of bridges in special road districts.
11-37Aug 10 TOWNSHIP ORGANIZATION.
TOWNSHIP TRUSTEE.
FEE & COMPENSATION.
Township Trustee entitled to 2% on first one thousand dollars and 1% on remainder.
11-37Sept 15 CONTAGIOUS.
DISEASES.
Liability of City of the Fourth Class. Section 9025, 1933 Session Acts, does not shift such liability to the county in which such city may be located.
11-37Oct 6 ASSESSORS. Compensation for taking list and entering in assessment book of stock in banks.
11-37Nov 22 Hon. F. M. Brady WITHDRAWN
12-37Feb 4 CRIMES AND PUNISHMENTS. A prosecution under Section 4143, R. S. Mo. 1929, must show a willful and malicious intention to destroy landmarks.
12-37May 25 CREDIT UNIONS. Powers of Commissioner of Securities.
12-37Aug 5 TRADE NAMES.Secretary of State, Section 12449 may register brands on milk bottles or cans in the name of the assignee.
12-37Sept 1 PENAL INSTITUTIONS. Hopeless incorrigibles who disrupt the system and government of the State Industrial school may be returned to the sentencing court’s jurisdiction for other orders.
12-37Oct 6 CHAUFFEURS AND REGISTERED OPERATORS LICENSES. Section 5, p. 372 of the Motor Vehicle Law of the Session Acts of 1937 must be followed in lieu of Sections 7765 and 7766 of the 1929 statutes, in the issuance of licenses to school bus and common carrier drivers.
12-37Oct 12 TAXATION.
SALES TAX-ONLY STATE PENAL INSTITUTIONS EXEMPT.
Only Penal Institutions supported by funds appropriated out of State Treasury exempt from provisions of the 2% Sales Tax Act.
12-37Oct 18 PENAL INSTITUTIONS. Idiots and insane inmates in the State Industrial School for girls may be returned to the sentencing court’s jurisdiction and delivered to the sheriff for sanity proceedings.
13-37Jan 14 RAILROADS.
ASSESSORS.
Distributable property assessed by State Tax Commission; non-distributable property is local property and is assessed by the county assessor.
13-37Mar 9 COUNTY COURT. Franklin County Court has authority to convey tract of land for Memorial site to City of Union, Missouri.
13-37June 29 GAME AND FISH DEPARTMENT. Fees earned by the Commissioner before July 1, 1937, should be placed in the Game Protection Fund. Bills and accounts made prior to July 1st should be paid from the Game Protection Fund.
13-37July 9 STATE PARKS. Control and management of state parks, where vested.
13-37Sept 3GAMBLING.
LOTTERY.
Bingo and corn games constitute gambling.
13-37Nov 13 COUNTY COLLECTOR.
SALARIES AND FEES.
Increases in compensation, if any, given County Collectors by 1933 laws may be retained by them even after the taking away of additional duties as ex officio treasurers.
14-37Aug 28 COUNTY BUDGET ACT. County court must use surplus funds of the year 1935 after all classes of the budget act have been properly cared for, for the purpose of paying outstanding warrants of previous years.
14-37Oct 2 TAXATION—COSTS. Taxes more than five years delinquent may be deducted from criminal cost fees.
15-37Nov 3 COUNTY BUDGET ACT. County treasurer should preserve priority payment according to classes. Not necessary to retain funds in any one class to the detriment of other classes in advance of the time payments are due if the priority can be preserved; not necessary for County Treasurer to determine amount of salary court reporter should receive under Sec. 11720; County Treasurer incurs no liability under Sec. 8 of County Budget Act if warrant is legal on its face and comes within the terms of the Act.
16-37Feb 24 CRIMINAL LAW. (1) A person discharged by justice on preliminary examination for felony may be brought before another justice in the county and another preliminary held. (2) A person may be committed to the School for Feeble Minded whether under or over age.
16-37Mar 17 MOTOR VEHICLE FUEL TAX. Right of State Inspector to disregard corporate fiction in refusing to grant application for dealer’s license.
16-37Apr 20 GENERAL ASSEMBLY. If a bill is reconsidered and is again voted upon and defeated the subject is finally disposed of, under Section 35, Article 4, of the Constitution of Missouri.
16-37Apr 28 TAXATION. Coal or other minerals in place subject to taxation as real estate, and when owned separately from surface estate must be separately assessed. Assessor should assess omitted property for all years it was omitted. County Board of Equalization can only assess omitted property for current year.
16-37May 13 FISH AND GAME. It is possible to charge a crime under Section 8265, Revised Statutes Missouri, 1929.
16-37July 9 Hon. Richard Chamier WITHDRAWN
16-37Oct 4 LOTTERIES. Cleo Colo Bottle Caps.
16-37Oct 14NEWSPAPERS. Officers under Section 13774, R. S. 1929, are not compelled to accept bids from newspapers, but may accept bids in the interest of efficiency and economy and not violate any statute.
17-37Jan 25 CITIES.Under special Charter, Legislature cannot amend a charter of a city under special charter, but enactment of a law uniformly to apply to all cities under special charter permitting the levying and collecting of taxes.
17-37May 10 INHERITANCE TAX. 1) A step child considered a stranger in blood.
2) A half-brother entitled to some exemptions as a brother of the whole blood.
17-37July 27 SALES TAX.
COUNTIES.
LIABILITY FOR TAX FOR PURCHASES.
Counties not liable for sales tax for purchases for institutions for indigent poor.
18-37Feb 15 INHERITANCE TAX. I. Probate Court not entitled to Appraiser’s fee.
II. Nephews of an intestate decedent entitled to exemption of $500.00 each.
18-37May 12 ELECTIONS.
BRIBERY.
Re prosecution for bribing voter in city election.
18-37June 11 SCHOOLS. Voters may dispose of property not needed for school purposes, or the Board of Directors may sell a schoolhouse or site by providing a new schoolhouse and site.
18-37Oct 20NEWSPAPERS. Must be published in a regular, continuous and unbroken established mode for three years before legal notices are valid.
19-37Nov 16 SOCIAL SECURITY. Social Security Act does not repeal, expressly or impliedly, the Act creating Social Welfare Boards in counties having a city or cities of the first class.
20-37Jan 11 Hon. Brevator R. Creech WITHDRAWN
20-37Jan 14 ROADS AND BRIDGES.
SPECIAL BENEFIT ROAD DISTRICTS.
May contribute district funds to purchase of right-of-way within the district of roads, but may not do so outside of the district.
20-37Mar 22 LABOR.Commissioner of Labor can prosecute proprietor or owner of gasoline filling station under Section 13218, Revised Statutes Missouri 1929, for failure to pay inspection fee.
20-37Apr 7 USURY. Construction of Criminal Statute on Usury.
20-37May 14 BUREAU OF LABOR. Under Section 13210 R. S. Mo. 1929, beauty shops are not included therein.
20-37Sept 10 PRIVATE ROADS. County court may not issue warrant to the officer of the court directing him to build fence under Section 7850, R. S. Missouri, 1929.
21-37Jan 29 Mr. T. W. Davis WITHDRAWN
21-37Mar 10 LOTTERIES. Theatre scheme similar to “Bank Night”.
21-37June 14 SCHOOLS. Bond given by Treasurer of a consolidated school district cannot be paid by school district.
21-37Sept 4 SCHOOLS. What constitutes a quorum of the School Board. What notice of meeting necessary.
22-37Feb 3 COUNTY COURTS. 1. An order of the county court exonerating county officials under an audit, from charges of fraud and embezzlement and stating the officers are not liable for any shortage is not an estoppal or res adjudicate which prevents actions if it is found such officers actually are indebted to the county court.
2. Sec. 11816 must be followed in the event the county officers owe money to the county.
3. Sec. 12165, Laws Mo. 1933, p. 356 contains amount allowed county clerk or other person designated to prepare financial statement.
22-37Oct 21 CORONERS. Inquest not to be held on Sunday. Fee for multiple death in one casualty is $5.00.
23-37Mar 13 OFFICERS. Need not be a taxpayer to hold the office of alderman in a city of the fourth class.
23-37Apr 8 CRIMINAL COSTS. Neither State nor County liable for payment of costs where persons charged with felony have been discharged by Justice of the Peace or any other officers taking their examination.
23-37Oct 11 MOTOR VEHICLE.
DRIVER’S LICENSE.
C.C.C. enrollees driving government trucks do not have to have state driver’s licenses.
23-37Dec 16 COUNTY.
TAXATION AND REVENUE.
(1) The question of whether property owned by the county is subject to execution is a question of fact in view of Section 1161, R. S. 1929.
County Treasurer may make partial payment on warrant “next in line for payment” provided he can give proper credit and adjust his own records.
23-37Dec 17 POOL AND BILLARD TABLES. Persons, voluntary associations or incorporated bodies must obtain a license to keep and operate.
24-37Mar 1 CHATTEL MORTGAGES. Chattel mortgages that have been filed and not recorded may be subsequently withdrawn and duly recorded, according to law.
24-37Mar 4 SHERIFF. Entitled to a fee of five cents for “calling any actions” only when there is a cause actually pending before a court of record in which there is a party plaintiff and party defendant.
24-37Mar 12 INHERITANCE TAX. (1) Missouri Road Bonds subject to inheritance taxation in Missouri.
(2) United States Treasury Bonds subject to inheritance taxation in Missouri.
(3) War Risk Insurance not subject to inheritance taxation in Missouri.
24-37May 21 COUNTY COLLECTORS. Collectors cannot retain twenty-five per cent increase under Section 9935a, Laws of Mo. 1935, by reason of Section 8, Article XIV, Missouri Constitution.
24-37Aug 11 DEPUTY AND ASSISTANT CIRCUIT CLERKS. Their appointment and salaries under House Bill No. 177.
24-37Dec 20 COUNTY COURTS. Shall not, under Section 5, Class 3, estimate expenses to be less than last preceding even year in even years; likewise relates to odd years.
25-37June 17 FOOD AND DRUGS. The Food and Drug Commissioner cannot collect inspection fee on carbonic gas.
25-37Oct 25 TAXATION. City collector shall sell land for delinquent taxes of cities of the third class at court house door of the county.
25-37Dec 17 PROBATE COURTS. Right to compel claimant to give security for costs.
26-37Apr 21 LEGISLATURE. The Legislature has a right to pass a law which will become effective two years in the future.
26-37June 21 BOARD OF PHARMACY. May exercise its sound discretion as to whether applicant has passed a “satisfactory examination.”
26-37July 20 ELECTIONS. C.S. for House Bill 234, repeals provisions of Article 17, Chapter 61, R.S. 1929, in so far as it applies to cities of 600,000 or more, and the judges and clerks appointed under said article and chapter are without office.
26-37Oct 4 TAXATION. Distribution of proceeds from sale under Senate Bill No. 94, 1933 Session Acts, where the amount received is less that the total amount of tax, penalties, interest and costs.
26-37Oct 23 JUSTICE OF THE PEACE. Public officer, who having in his possession public funds for which he has refused to make settlement, may not hold his office under reelection until he shall have made full settlement of such funds.
27-37Jan 26 INSURANCE. Northeast Missouri State Teachers College has authority to buy insurance for its protection and to pay for the same out of the incidental funds which are not appropriated by the Legislature.
27-37Feb 9 COUNTY BUDGET ACT. (1) Only insane persons in state hospitals can be estimated under Class I, unless the insane person be committed to the state sanatorium at Mt. Vernon.
(2) Funds for purchasing right-of-ways and materials on WPA labor and state highways should be estimated in Class 5.
27-37June 12 MUNICIPAL CORPORATIONS.
COUNTIES.
When taxes may be levied for relief purposes and disbursed by relief offices.
27-37Aug 31 TAXATION & REVENUE. Procedure of collector at second and third offering for sale. Collector of City of St. Louis may not subdivide state, city and school tax and enforce them independently.
27-37Sept 24 SCHOOLS. Members of school board employing themselves to render service or labor for a school district and receive compensation for same, violate the public policy of the State.
27-37Nov 10 SALES TAX.
CHARITABLE INSTITUTIONS.
EDUCATION INSTITUTIONS.
EXEMPTION.
Profit plan, in which deficits, if any, are paid by gifts from benevolent persons, and which receives all students applying, whether able to pay for such instruction or not, comes within class of public charitable institution and is exempt from provisions of 2% Sales Tax Act.
27-37Nov 13NEWSPAPERS.When county is liable for the costs of printing election notices.
27-37Nov 23 COUNTY COURT. County Court has power and authority to redistrict county into two districts for County Court Judicial Districts.
27-37Dec 15 SCHOOLS.
SCHOOL BOARDS.
SPECIAL ELECTIONS.
School Board may not call meeting for special election without petition being presented signed by a majority of qualified voters of the District.
28-37Apr 9 FEES. Receipts derived from an insurance policy by State Teachers College may be used to restore or build a building, and it is not necessary that the same be deposited with the State Treasurer.
28-37Dec 4 SHERIFF.
OFFICERS.
May file complaints on Sunday. May not hold a prisoner more than twenty hours without complaint being filed and warrant issued.
29-37Sept 2 APPROPRIATION.
CANCER COMMISSION.
Term “operation,” as used in the appropriation act, authorizes expenditures of preliminary expenses.
30-37Jan 30DEPOSITORIES.
BANKS & BANKING.
Banks may pledge their assets to secure public funds where authorized by statute. Depositories of county, cities of 3d Class, township, school districts & levee and drainage district discussed.
30-37Aug 27  County court cannot, by order, voluntarily apply salaries and fees due county officials to the payment of delinquent taxes, on personal or real estate, which they may owe.
30-37Oct 7 CHIROPRACTIC. Qualifications for license.
31-37June 3 OFFICERS.
COMPENSATION.
Express provision for allowance of pay for words and figures does not permit the counting of punctuation marks and ditto marks.
31-37Dec 29 GAMBLING.
PRIVATE CLUBS.
Section 4287 R. S. Mo. 1929 and other gambling laws apply to private clubs. Applicable to criminal law.
32-37Apr 16BOARD OF PHARMACY. Board of Pharmacy may make rules and regulations not inconsistent with the provisions of the law, so as to determine one’s qualifications for a license as a pharmacist or assistant pharmacist.
33-37Oct 7 COUNTY TREASUER.
BONDS: SURETY PREMIUM PAID OUT OF CLASSES 5 AND 6 UNDER BUDGET ACT.
Premium on surety bond may be paid by county if officer elects to give same, and county court approves.
34-37Jan 14 BOARD OF HEALTH PHYSICIANS AND SURGEONS. Persons licensed in foreign states are not permitted to come within this state and conduct examinations without first having applied for and received license to practice medicine and surgery within this state.
34-37Jan 15 STATE BOARD OF HEALTH.Board has authority to employ and fix compensation of employees and if a person renders service by virtue of such employment such person is entitled to back pay.
34-37June 21 BOARD OF HEALTH. Right to disclose results of examinations.
34-37Sept 3 PHYSICIANS. Board of Health may not admit applicant for registration by reciprocity who does not comply with statute and rules of board, as long as said rule remains in force.
34-37Nov 17 TAXATION.
SALES TAX.
RELIGIOUS INSTITUTIONS.
Missouri Baptist General Association exempted from provisions of the two per cent sales tax act.
34-37Nov 24 STATE BOARD OF HEALTH. Certificates to practice cosmetology and hairdressing may be signed by any of the well-known methods of impressing a name on paper by another at the direction of the persons required to sign such certificates.
35-37Jan 26 INHERITANCE TAX. Taxability of moneys received as damages under Federal Employers’ Liability Act.
35-37Feb 10 PROSECUTING ATTORNEYS. In interest of justice the Prosecuting Attorneys may proceed to prosecute by way of information, even when indictment be pending.
35-37Mar 23 CORPORATIONS. Officer liable criminally for violation of state law where officer participates in such violation or has prior knowledge thereof.
35-37Mar 29 CHIROPRACTIC. A person graduating prior to 1927 may take examination, if such, the time, completed the standard course instruction of three years of six months each.
35-37Apr 1 MOTOR VEHICLES. The value of a motor vehicle stolen is not to be considered in determining the sentence of the one convicted of having stolen such motor vehicle.
35-37Apr 6 TAXATION & REVENUE. County Court need not readopt each year method theretofore adopted as to collection of revenue under Section 9787 R. S. 1929.
35-37May 4 COUNTY COLLECTOR. Rate of per cent for collection of taxes.
35-37June 15 PROSECUTING ATTORNEY. Eligibility to appoint as probation officers in counties less than 20,000.
35-37June 18 ESCHEATS. When payment may be made out of Escheats Fund.
35-37June 22 TAXES. House Bill No. 70, providing for the remission of taxes applies to personal and real taxes not reduced to judgment.
35-37Aug 3 RATES.
MOTOR CARRIERS.
JOINT SERVICE.
Circumstances under which two carriers combining permitted routes are guilty of usurping unpermitted through routing.
35-37Aug 24COUNTY BUDGET ACT.
HOUSE BILL 177.
CIRCUIT CLERKS.
Shall only receive additional compensation out of excess which exists in any class at the close of the fiscal year; the transfer of the fund can be made under the authority of Sections 12167 and 12168, R. S. Mo. 1929.
35-37Sept 23 TAXATION.
SALES TAX.
The Robinson Clinic, Inc. not exempt from the provisions of the 2% Sales Tax Act.
35-37Oct 16 COUNTY COLLECTOR. Is entitled to be reimbursed by county court for postage expended during term if not barred by five year statute of limitations.
35-37Dec 17 PUBLIC ADVERTISEMENTS.
PROBATE COURT.
Publisher’s Affidavit in records of Probate Court and Affidavit of Publication must not differ materially in form and must meet the requirements of Section 13775, Laws of Mo. 1937, p. 432.
37-37May 8 MUNICIPALITIES. Cities of the fourth class are prohibited from issuing warrants in excess of the amount on hand in the treasury, by Section 7015, R. S. 1929. A warrant so issued is void.
37-37June 22 TAXATION. House Bill No. 70 is applicable to taxes levied for drainage or levee purposes.
37-37July 10 UNEMPLOYMENT COMPENSATION ACT. Emergency clause Constitutional.
37-37July 21 PAROLE BOARD. Rights to enter into compact with other states.
37-37July 26 CASEY BILL. Constitutionality – emergency clause.
37-37Oct 15 PENAL INSTITUTIONS. Governor’s power to pardon and parole.
37-37Nov 15 PROBATE JUDGE. Fee received for solemnizing marriages to be accounted for in annual settlement.
37-37Nov 20 CRIMINAL LAW. “Arson” as distinguished from willful burning property.
38-37Jan 16 COUNTY COLLECTOR. Must carry out the duties of county treasurer on and after January 1, 1937 and shall receive no additional compensation, in counties of less than 40,000 population.
38-37July 16 SOCIAL SECURITY COMMISSION. Construction of Sec. 10 – Moneys received from other sources.
38-37July 27 SOCIAL SECURITY COMMISSION.Refunds and recoveries received by commission to be deposited in State Treasury to credit of General Revenue Fund.
38-37July 27 SOCIAL SECURITY.
LEGISLATURE.
Appropriation for Child Welfare in House Bill No. 500 was mistake, and is a nullity.
38-37July 28 APPROPRIATION ACTS. Construction of Sections 53a and 53b of H.B. 509.
38-37Aug 2 SOCIAL SECURITY COMMISSION. Definition of “elective officer” as it is used in Section 9, C.S.S.B. 125.
38-37Aug 4 STATE AUDITOR. Duty to audit claims against Relief, Child Welfare and Administration fund, created in the Casey Bill.
38-37Aug 6CONTRACTS. Senate Bill No. 182 has no application to existing contracts and those heretofore let.
38-37Sept 23 COUNTY TREASURER.
SALARY.
BOND.
Compensation to be allowed him and separate bond required of him as custodian and disburser of moneys of (1) schools; (2) Levee Districts under county court organization; and (3) Drainage Districts under county court organization.
38-37Nov 30 STATE SOCIAL SECURITY COMMISSION. Benefits accruing to an individual entitled thereto under the provisions of the act, after the date which the commission has determined such benefits shall be due and payable, and the individual dies, such benefits shall be administered as estates of other deceased persons.
38-37Dec 16 TAXATION AND REVENUE.
ASSESSORS.
Assessor’s compensation due payable upon completion of assessment and proper certification thereof.
39-37Mar 22 INHERITANCE TAX. (1) When interest and penalties may be abated.
(2) Taxation of the interest of partner in partnership property.
39-37May 22 CHILDREN. Powers and duties of Superintendent of State Children’s Home, and Juvenile Courts, with respect to commitment of children to State Children’s Home.
39-37Aug 4 PROSECUTING ATTORNEYS.
SHERIFFS.
When said officers may be appointed to act as Probation Officer.
41-37Jan 11 Nine questions regarding primary and general election laws of Missouri.
41-37June 9 TAXATION. Collection of taxes under House Bill 26.
41-37July 29 COSTS.
PROBATE COURTS.
Collectability of costs assessed against estates containing insufficient assets for their payment.
41-37Nov 1 OFFICERS. County Officers not entitled to salary increase during the official term pursuant to the new legislation purporting to increase salaries.
41-37Dec 11 COUNTY BUDGET ACT. The question as to who is the person keeping the principal financial records of the county and who is to be deemed the “Accounting officer” is a question of fact. The officer appointed “accounting officer” is not entitled to any additional compensation.
41-37Dec 20 Mr. Maurice Hoffman WITHDRAWN
42-37Apr 3COUNTY JUDGES.
COMPENSATION.
Duty to repay money received as compensation in excess of that authorized by law.
42-37Aug 27 TITLE. Jurisdiction of Police Judge of city of third class, acting as ex-officio justice of the peace, as to crimes and misdemeanors is over only such offenses as may be committed within the city limits.
43-37June 3 PRISON BOARD. Wrecking of buildings housing prison industries in order that new ones may be erected by the State Building Commission does not violate statutes relating to operation of prison industries.
43-37Aug 6 SALES TAX.
TAXATION.
COLLEGES AND EXEMPTIONS.
Educational institutions, principally supported by religious organizations, or by gifts or charities, are exempt from provisions of the 2% Sales Tax Act of 1937.
43-37Aug 24 COUNTY COURTS. (1) When erroneous disbursement of funds from road bonds made by the township board may be ratified and confirmed by the county court.
(2) Proceeds of road bond issue may be legally expended for purchase of suitable equipment.
43-37Aug 30 PARDON AND PAROLE. Present board may investigate and make recommendations on each application for clemency, now pending before them, irrespective of release date, if done before new act is effective.
44-37Sept 2 SCHOOL. Eligibility of applicants – Missouri School for the Deaf.
45-37Jan 28 INSANE PERSONS.It is necessary to the validity of the court order committing an insane person to an asylum that said order show notice and that the same recite the alleged insane person appeared in person or by attorney.
45-37Feb 11FEES. The Sheriff or Constable, serving warrant of commitment is entitled to the $1.00 fee for committing a prisoner to jail.
45-37Mar 31 ELEEMOSYNARY BOARD. Person committed to insane institutions by the Judge of the Circuit Court under Section 8657, R.S. 1929, relating to insanity as a defense under a criminal charge, may be discharged by the Superintendent of the Hospital in the manner as provided in Section 8629, R.S. 1929.
45-37May 3 ROADS AND BRIDGES. Commissioners of Special Road Districts cannot act as road overseers or employ themselves and receive compensation for the same in the Special Road District.
45-37May 14 COUNTY BUDGET ACT. Sec. 2, page 341, Laws of Mo. 1933, not applicable to St. Louis County. County Budget Act takes precedence over all statutes when there is a conflict. County Court has power to transfer within the same fund any unencumbered appropriation balance. Second paragraph of Section 14 is unconstitutional.
45-37June 10 DEPOSITORIES.
ELEEMOSYNARY BOARD.
Depositories must be selected in the statutory manner, notwithstanding no interest payable after August 23, 1937, under Federal law and regulations.
45-37June 11 GOVERNOR.
BILL.
The Governor must return Bill presented to him where Legislature finally adjourns within ten days after such presentation.
45-37Aug 23 PURCHASING AGENT.
STATE.
May acquire land in the name of State of Missouri to the use and benefit of the Board of Managers of the Eleemosynary Institutions.
45-37Aug 31 EASEMENTS. Board of Managers of Eleemosynary Institutions cannot convey an easement without an act of the General Assembly authorizing same.
45-37Oct 13 INSANE PERSONS. Procedure and action under Sections 8644 to 8648, Laws of Mo. 1937, p. 510, are to be strictly construed. Procedure outlined.
45-37Dec 1 ELEEMOSYNARY INSTITUTIONS.
FUNDS.
Transfer of funds at end of biennium in accordance with the Laws of Missouri 1933, Section 1, page 415.
46-37Mar 4 Hon. R. L. Jones WITHDRAWN
46-37Mar 16 SCHOOLS. May not enact rules compelling the attendance of students at religious exercises.
46-37Oct 5 COUNTY TREASURER.
BONDS.
County Court may pay for surety bond if Treasurer elects to give same and Court consents thereto. Treasurer must give separate bonds for school moneys and county funds in statutory amounts.
46-37Dec 28 INSANE. Prosecuting attorneys of the county containing a population of less than one hundred thousand cannot be appointed by the county court to represent insane persons in an insanity hearing.
47-37Aug 23 DRAINAGE DISTRICT. County and township ex-officio collectors’ compensation for collecting current and delinquent taxes.
47-37Sept 8 ROADS AND BRIDGES.Special Road Districts organized under Article 9, Chapter 42, R. S. Missouri 1929, may purchase right-of-way and convey same to state for highway purposes.
47-37Sept 10 ROADS. County may establish or widen public roads in excess of thirty feet.
47-37Nov 9 CIRCUIT CLERK. Entitled to a fee of 75 cents for writ directed to sheriff for summoning petit jury for regular term of circuit court.
48-37Jan 21 AMENDMENT NO. 4 FISH AND GAME. The Legislature may pass such laws as it may deem proper in aid of but not inconsistent with the provisions of Amendment No. 4.
48-37Mar 9 BURIAL ASSOCIATIONS. Legislature may enact law prohibiting payment of death benefits in anything other than cash under police power.
48-37Apr 13 CHATTEL MORTGAGES.
RECORDER OF DEEDS.
Instrument affecting title to real estate and personal property need not be filed in a separate book for the filing of chattel mortgages where such instruments have been duly recorded in a book as conveyances of land, but should index in a book used for indexing and filing all chattel mortgages, upon request of mortgagee or grantee.
48-37July 23 Mr. J. E. Kelley WITHDRAWN
49-37Jan 6 Hon. Lloyd W. King WITHDRAWN
49-37Jan 8 MERCHANTS. Persons preparing and serving meals in a dining room in connection with a hotel are not merchants.
49-37Feb 11 SCHOOLS. A new building may be erected on present site and not violate Sec. 9330, R. S. 1929. Words “addition” and “Supplemental” defined; notice to voters should be full enough to apprise them of the exact purpose for which the building is being erected.
49-37May 24 PROPOSED SALES TAX ACT. Senate Amendment No. 7 to Senate Committee Substitute for House Committee Substitute of House Bill No. 7, prohibits cities from passing a sales tax act; does not prevent cities from passing other forms of excise tax now in force or hereafter enacted.
49-37June 14 SCHOOLS. Change of boundary lines of school districts gives to the new school district all school property located therein.
49-37June 15 MISSOURI DENTAL BOARD. Present Members Remain in Office Until October 16, 1940.
49-37Sept 24 STATE BOARD OF HEALTH. No school of Cosmetology, Hairdressing or Manicuring may be operated in this State without obtaining a certificate of registration.
49-37Dec 17 FEES.
PROBATE COURT.
Fees of probate judge up to the filing of inventory.
51-37Jan 5 HIGHWAYS. Salary may be paid from bond issue, absent bond provisions to the contrary, but township board cannot, directly or indirectly, employ president thereof as supervisor.
51-37Mar 1 COUNTY TREASURER. In counties having township organization when the treasurer-elect dies before qualifying for the office in April the person holding the office will continue to hold same until the next general election for electing a treasurer in said counties.
51-37Mar 17 CONSTABLES.Fee entitled for attending elections.
51-37July 20 Miss Laura Layher, R.N. WITHDRAWN
51-37Aug 30 PROSECUTING ATTORNEYS.
EXPENSES.
SALES TAX COLLECTIONS
Expenses of the Prosecuting Attorneys in collection of sales tax not payable out of State funds.
51-37Oct 8Hon. Charles F. Lamkin, Jr. WITHDRAWN
51-37Nov 9 ANIMALS.Free stock range. Interpretation of Section 12778, Revised Statutes Missouri 1929.
51-37Nov 22 Hon. Leon B. Lake, D.O. WITHDRAWN
51-37Dec 16 CRIMINAL COSTS.County must pay costs where defendant has been sentenced to a county jail sentence or by fine even when paroled.
52-37Sept 13 COUNTY CLERK.
FINANCIAL STATEMENT.
Can only receive compensation for making one copy of statement for the publisher.
53-37Jan 7 INSURANCE.
FIRE.
SCHOOL DISTRICT.
District may insure in non-assessable reciprocal insurance.
53-37Mar 8 DEFINITION OF A BONA FIDE TAXPAYER.  
53-37Mar 9 TAXPAYER.Eligibility to hold public office.
53-37Apr 23 TAXATION. Cities of the fourth class are given power to enforce collection of personal taxes by Sec. 6995, R. S. Mo. 1929.
54-37Jan 14 SALARIES AND FEES.
CIRCUIT CLERKS.
County Court is authorized to fix the number and compensation of deputies to the Circuit Clerk, and the Clerk must abide thereby.
54-37Feb 24 OFFICERS.
COUNTY COURTS.
Where no restrictive words are used in the statute providing for the holding over of an officer, such person holds over until his successor is duly appointed and qualified. The policy of selecting an individual by the court to any office within the county should be left to the discretion of the court.
54-37June 8 SCHOOLS.The erection of a second story on present school building is not a “repair” so as to require only majority vote of qualified voters, but must be given two-thirds majority by voters.
54-37July 13 LOTTERIES. “Annie-Oakley” Machines
54-37Sept 18 TAX ON DOGS.Construction Section 12874b, House Bill 149, 1937 Session Acts. Penalty on dogs running at large without payment of taxes not amended by House Bill 140.
54-37Oct 18 COUNTY CLERK. Deputies and Assistants. Method of Salary.
54-37Dec 8 TAXATION.(1) Co-tenants may redeem undivided interest in real estate or redeem entire interest and hold as trustee for the other co-tenant the interest such co-tenant formerly owned.
(2) Mortgagee may, within statutory period, redeem from stranger purchasing certificate at tax sale. Record owner may within statutory period, redeem from mortgagee.
55-37May 26 SCHOOLS. An estimate may be withdrawn and another substituted if done before the first estimate has been acted upon.
56-37Jan 15 CRIMES.Escaping jail. Aiding prisoner to escape.
56-37Feb 10 FALSE PRETENSES.
FIVE DAYS NOTICE.
INSUFFICIENT FUND CHECKS.
Five day notice statute, 4306 R. S. mo. 1929, applies to misdemeanors covered by 4305, and not to felonies covered by Section 4304.
56-37Feb 25 COOPERATIVES.Under Article 29 of Chapter 87, R. S. Mo. 1929, must be organized primarily for agriculture.
56-37Apr 6 APPEALS. From Justice Court to Circuit Court—Case to be tried De Novo.
56-37June 4 BOND ELECTION.Voters residing in a special road district which includes a part of a township may vote on bonds for township road purposes.
56-37July 16 CO-OPERATIVE ASSNS. Definition of words. Mercantile business or Co-operative plan.
56-37Sept 3 GAMBLING.Shooting gallery.
56-37Oct 1 PRACTICE OF LAW. Before State Boards; Blue Sky Commissioner, etc.
56-37Oct 13 SECURITIES ACT.Bond of dealer and salesmen.
57-37Feb 4 SHERIFFS. Liability of sheriff and sureties for embezzlement, and method of proceeding against same, particularly as to escheats. Time when breach of bond occurs where more than one sheriff involved.
57-37Mar 30TAXATION & REVENUE.Power and authority of county court to compromise with tax attorneys in suits against railroad companies.
57-37May 25 COUNTY TREASURER. Not entitled to fees for drawing warrant for school fund loans.
57-37July 19 CREAM STANDARDS.Section 12406 fixes minimum standards for various grades of cream.
57-37Aug 5 AGRICULTURE. Fees under Section 12635, R. S. Mo. 1929, to be deposited in the State Treasury; no authority to pay U. S. Department of Agriculture any part of said fees.
57-37Aug 9 AGRICULTURE.Shipping point inspection. Cooperation with Department of Agriculture.
57-37Sept 24 “CHANGE OF VENUE” IN CRIMINAL CASE BY STATE.
PROSECUTING ATTORNEY.
State may ask for substitution of Judge in criminal case.
Prosecuting Attorney not required to deposit $10 docket fee for substitution of Judge.
57-37Nov 23 CITIES.Cities of the third class operating under an alternative form of government shall elect a Mayor and Council at the regular biennial municipal election.
57-37Nov 30 TAXATION.
SALE FOR TAXES.
COLLECTOR AND DEPUTY.
RIGHT TO PURCHASE.
Collector or his deputy prohibited from purchasing land sold for delinquent taxes.
57-37Dec 16 SEED LAW.Construction of Section 12609-b, Laws of Missouri 1937.
57-37Dec 18 MOTOR VEHICLES. Attempted sale of motor vehicle without transfer of certificate of title is a crime, subjecting both buyer and seller to prosecution.
57-37Dec 20 FEES.
COUNTY CLERKS.
County clerk accountable to State Auditor for the fees earned for use of seal in witnessing signatures for Warehouse License.
58-37Mar 11 BUILDING & LOAN. Supervisor must fix maximum for board and lodging; examiners exempt from provisions of the statute and are allowed maintenance while at headquarters if given to them by supervisor.
58-37Apr 29 BUILDING & LOAN.Supervisor may not give a copy of annual examination of building and loan associations to anyone other than the Governor.
58-37June 3 BUILDING AND LOAN ASSOCIATIONS. To segregate assets of an association it is not necessary to have a temporary receivership; supervisor may dismiss the temporary receivership proceeding; intervening shareholders would have right to protect their property only when the supervisor is engaged in wrongful acts or is guilty of fraud or collusion. Several methods proposed for obtaining voice of shareholders as to management of the associations. Permanent receivership cannot be dismissed by supervisor.
58-37June 14 BUILDING AND LOAN.If by-laws provide, free shares of stock may be accepted for real estate only.
58-37July 6 BUILDING AND LOAN. Associations with sufficient funds must pay members withdrawing; persons who buy stock with note which is non-participating are not members; persons who collect rents and sell land for Associations are employees and must give bond.
58-37July 21 BUILDING AND LOAN.Contingent fund required by Section 5602 may be designated as the Federal Insurance Reserve Account.
58-37Aug 27 BUILDING & LOAN. Semi-annual report if not published by September 6, 1937, does not have to be published.
58-37Aug 28 BUILDING AND LOAN.Administrators, Executors, Guardians, and Curators are not included in term “trustees of trust funds” in Laws of 1937 page 508.
58-37Sept 10 SHERIFFS. Deputies may not be paid a salary of $50.00 per month out of county funds, by order of the county court, directly nor indirectly in Sullivan County.
58-37Sept 23 SALARIES AND FEES.
COUNTY COURTS.
Where the County Clerk performs services that are not officially his duty, the County Court is authorized to pay him therefor if the services so performed are reasonably necessary county duties.
59-37Jan 7 SOCIAL SECURITY.
UNEMPLOYMENT INSURANCE.
(1) Moneys paid by employers under a State unemployment insurance law are not necessarily “state funds” within the meaning of Art. IV, Sec. 43, Const. of Mo.
(2) Such mandatory payment is not violative of the “due process” clause, and if a tax is for a public purpose.
59-37Jan 26 COUNTY BUDGET ACT.The money contracted by the county for lease on road machinery during the year 1936 must be paid out of the revenue of the year 1936.
59-37Feb 4 JUSTICE COURTS. Constable or justice as custodian of monies paid in connection with the litigation.
59-37Aug 24 TAXATION AND REVENUE.Under Section 9787 R. S. Mo. 1929, the county court can compel the assessor to carry out the provisions of said section and may use its own discretion concerning compensation.
60-37Jan 11 COUNTY BUDGET ACT. County Clerk incurs no liability by issuing warrants out of the 1937 revenue for 1936 expenditures, provided such warrants do not violate the priorities of the classes in section 2 of the County Budget Act. Warrants are invalid which are issued from the 1937 revenue for 1936 expenditures.
60-37June 5 SOLDIERS’ BONUSES.Applications filed before December 31, 1936, payable immediately.
60-37Oct 19 MOTOR VEHICLES. Sale of defaced or altered serial number on automobile tires.
60-37Oct 26 BONUS MONEY.Mother of soldier is entitled to soldiers’ bonus, when.
62-37Jan 18 COUNTY BUDGET ACT. Funds for purchasing road machinery cannot be taken from Class 3 under Budget Act.
62-37Jan 20 CIRCUIT CLERKS AND RECORDERS.Quarterly report to be filed with County Clerk.
62-37Mar 9 COUNTY CLERK. Not required or authorized to extend city or town taxes in tax books for state and county purposes.
62-37June 14 INSANITY INQUISITION.
PAUPER OATH.
Cost of same may be paid by county court if a person is declared insane and his estate is insufficient to pay cost. It is within discretion of court to allow a person to twice file and prosecute same suit as a poor person when first suit was dismissed.
62-37Aug 6 SCHOOLS.Property of railroads and similar utilities: Method of ascertaining the assessment next before the last assessment and the valuation of distributable property of utilities in a school district as being a basis for a school bond issue.
62-37Aug 9 SHERIFF’S FEES.
CRIMINAL COSTS.
County where proceedings originally instituted liable for costs for transportation of prisoner on account of insufficiency of county jail.
62-37Aug 27 APPROPRIATION. Approval by the Governor of appropriation bill makes funds immediately available.
62-37Dec 2 DOG TAX.Section 12881, R. S. Mo. 1929, providing for a local option dog tax is not affected by House Bill No. 140, 1937 Session Acts of Missouri.
63-37Feb 8 CORPORATIONS. Small loan companies not permitted to contract a charge for attorney fees and collection costs when making loans.
63-37Feb 12 SMALL LOAN ACT.
BANKS & BANKING.
Authorization for insurance plan for “Small Loan Companies” not approved. Sec. 5556, R. S. 1929, discussed.
63-37Mar 22 INSANE PAUPERS. County liable for support.
63-37June 9BANK.
BANKING.
Records and files in possession of Commissioner of Finance for defunct banks, open for inspection of examiners of Federal Deposit Insurance Corporation.
63-37June 15 SCHOOLS.Board of Directors cannot do indirectly what it is prohibited from doing directly.
63-37Dec 6 DEPOSITORIES.
COUNTY DEPOSITORY.
BANKS & BANKING.
Duty of County Court to select county depositories which will pledge its securities to protect the county funds. County Court should select depositories outside county if none in county will pledge assets.
63-37Dec 15 COUNTY COLLECTOR. Cannot collect partial payment of State, County and School taxes.
64-37Jan 20 COUNTY COLLECTORS AND COUNTY ASSESSORS.Entitled to stationery Record Books, Printed Receipts and Stamps from County Treasury.
64-37Apr 28 ROADS AND BRIDGES.
FUNDS.
If bonds are voted for road purposes such is put in a “road construction fund” and can be used for no other purpose whatever; moneys raised from taxes go into special fund to pay for bonds and interest and surplus may be disbursed by county court as it deems wise.
64-37May 21 TAXATION.County collector not required to determine legal question of status of redemptioner.
64-37May 28TAXATION. When a landowner gives a license to a person to search and segregate minerals, the property right is taxable against the landowner.
64-37June 8MUNICIPAL CORPORATIONS.Record necessary to incorporate cities of the fourth class.
64-37June 21 ASSESSORS.Compensation in counties containing less than 40,000.
65-37Jan 22 RECORDER OF DEEDS.Fee must be paid or tendered to recorder before instrument entitled to record; Recorder not liable on his bond for neglect unless fee is paid or tendered.
65-37Feb 27 CRIMINAL COSTS. Prosecuting Attorney not personally liable for costs in felonies and misdemeanors.
65-37May 10 PEDDLERS.
LICENSE.
Merchant who takes merchandise from one farm sale to another to sell at auction must have peddler’s license.
65-37June 5TAXATION.Initial Proceedings under Senate Bill 94 constitute first advertisement of sale.
65-37June 17COUNTY DEPOSITARIES.Length of time funds may be held under Section 12188, R. S. Missouri, 1929.
65-37July 15UNEMPLOYMENT COMPENSATION COMMISSION.Subject to Purchasing Agent Act, Printing Commission, etc.
65-37July 16UNEMPLOYMENT COMPENSATION COMMISSION.Authorized to bond employees.
65-37Sept 22TAXATION AND REVENUE.A person selling at wholesale at a particular place is a merchant and must comply with Article 17, Chapter 59, R. S. Mo. 1929.
65-37Nov 8INTOXICATING LIQUOR.
BOND.
Prosecuting Attorney may bring suit on liquor bond to recover fine adjudged against license.
67-37Apr 19Hon. Vincent D. NicholsonWITHDRAWN
68-37Jan 7 Mr. Anthony A. O’Hallaron
68-37Jan 14SCHOOLS.Interest received from school loans cannot be reinvested but must be apportioned to school districts; county court cannot take second mortgages for security; property should be foreclosed in the event of default of interest payments with the exception that security may be taken in order to secure interest payments if the facts warrant such.
68-37Mar 24INSURANCE.Amendment to Articles of Incorporation of Missouri Casualty Company approved.
68-37Apr 16INSURANCE. Amendment to Declaration of State National Life Insurance Company valid.
68-37July 19INSURANCE.Approval of Documents – Utilities Insurance Company.
68-37Aug 21Hon. Edwin C. OrrWITHDRAWN
68-37Sept 16PROSECUTING ATTORNEY.Is entitled to recover stenographic hire and the county court can pay the same from any surplus funds or out of Class 6, providing the prosecuting attorney has complied with the terms of the Budget Act in compiling estimate.
68-37Oct 11COUNTY COURTS.Authorized, by order, to pay real estate commission for sale of lands repossessed by purchase under Section 9256, 1929 statutes, if they deem such order best for the interest of said school district or districts. Commission must be paid from the funds of such school district or districts.
68-37Oct 14INQUESTS AND CORONERS.
CRIMINAL COSTS.
Cost incurred in inquest to be paid by county.
69-37Aug 23STATE BOARD OF HEALTH.
CITY OF ST. LOUIS.
The Health Commissioner of the City of St. Louis is without authority to promulgate a rule requiring that the dead bodies of deceased persons must be embalmed before removal from said city.
69-37Sept 10STATE BOARD OF HEALTH.All applications for licenses to deal in narcotic drugs must be passed upon by the State Board of Health. Public officers and others constituting a governmental board accept office in view of additional burdens being placed upon them.
69-37Oct 21STATE BOARD OF HEALTH.Persons included within the term “persons on Relief” as used in Sec. 9060, Laws 1937, p. 356 as relates to fees of registrar.
70-37Apr 19MUNICIPALITIES.Not subject to inspection as provided in Section 13120 R. S. 1929.
70-37Apr 29TOWNSHIPS.Township Clerks not entitled to receive a fee on account which may be filed in his office, which is to be laid before the township board for allowance.
70-37June 7JURY COMMISSIONERS, IN COUNTIES FROM 400,000 TO 800,000 INHABITANTS.
SALARY & COMPENSATION.
Jury commissioners entitled to have salary restored under Senate Bill No. 12.
70-37July 17TAXATION.Collector can refund penalties paid by taxpayers under House Bill No. 70 after effective date of said Bill.
70-37Aug 26ASSISTANT COUNTY HIGHWAY ENGINEER.Should be paid out of Class 4 of the county budget.
70-37Sept 1TAXATION.Section 9951 Laws of Missouri 1933, page 428, relating to sale of property for delinquent taxes is applicable to Jackson County, Missouri.
70-37Oct 7SPECIAL ROAD DISTRICTS.Funds of a special road district, when the district comprises territory in two or more counties, may be used in any part of the district regardless of mileage or amount of funds derived from any county.
70-37Oct 23Hon. Tom PhelpsWITHDRAWN
71-37Feb 24Mr. Russell N. PickettWITHDRAWN
71-37Apr 26SCHOOLS.School house may not be sold until another house is provided.
71-37Oct 11SHERIFF.Is entitled only to ten cents a mile as mileage when he takes two patients to a State Hospital.
71-37Dec 14COUNTY CLERK.Under the statutes is entitled to retain only $1700.00 per annum for himself. On failure to pay maximum amount deputies or assistants may receive under the statute, Clerk cannot retain difference for himself.
73-37Feb 17WATERS.
BOUNDARIES.
STATES.
State lines, as well as other lines bounded by a river change with the gradual changing or the course of the river, but do not change if the change is sudden and by avulsion.
73-37Apr 2Hon. Virgil L. RathbunWITHDRAWN
74-37Mar 23LOTTERIES.Hollywood and similar theatre schemes.
74-37Sept 7AMENDMENT NUMBER FOUR.
CONSERVATION COMMISSION.
Has power both by Amendment Number Four and Section 8211, R. S. 1929, to confer honorary commissions on persons and require such persons to enter into a reasonable bond.
75-37July 23DENTISTS.Contents of window and door plate notices.
75-37Sept 6Mr. John L. RiceWITHDRAWN
76-37Jan 13FICTITIOUS NAME.Use of fictitious name as a violation of criminal law.
76-37Jan 25COUNTY CLERK.Compensation of County Clerk and Deputies in Osage County and how paid.
76-37Jan 29COLLECTORS.
BONDS.
Drainage district bonds are payable in the order of their presentation, absent showing that the taxing power has been exhausted.
76-37Feb 16SCHOOLS.School fund provided for by Sections 6 and 7 of Article XI of the Constitution, cannot be used for any purpose other than support of free public schools and the State University.
76-37Mar 31ANIMALS.Under Section 12862, R. S. Mo. 1929, a person has the authority to kill dogs in the act of maiming or seizing hogs. He does not have authority to kill the dogs on the premises of the owner of the dogs.
76-37Oct 19COUNTY DEPOSITORIES.
SECURITIES-COLLATERAL.
Securities as set forth in Section 11469-Laws of 1937, page 521, eligible to secure county deposits. Farm mortgages not proper collateral to secure county deposits.
76-37Oct 19PROSECUTING ATTORNEY.
RECORDS ALL DESTROYED IN CRIMINAL CASE.
WHAT ACTION TAKEN.
Where all records of conviction and sentence destroyed, prosecuting attorney should renew prosecution.
76-37Oct 30SUPERINTENDENT OF INSURANCE-APPROVAL.Articles of incorporation of National Protective Insurance Company under Sections 5759-5760, R. S. Mo. 1929.
76-37Dec 1INSURANCE.Stipulated premium plan companies must comply with Senate Bill No. 126.
77-37Apr 15TAXATION.Property purchased with funds received under World War Compensation Act subject to State and County Taxation.
77-37July 1TOWNSHIPS.May not issue bonds for road purposes when there is a special road district organized which includes the whole or any part of said township within its boundaries, and has road bonds outstanding and unpaid.
78-37Aug 28PENAL INSTITUTIONS.Sentences are to run concurrently from the date rendered unless the sentencing court directs sentence to commence at a future time.
78-37Nov 5Mrs. Anice SandersWITHDRAWN
78-37Dec 28HABEAS CORPUS.
PENAL INSTITUTIONS.
Writ served on person in custody must deliver the body and may be reimbursed by Legislative appropriation for necessary expenses.
80-37June 12MOTOR VEHICLES.
DRIVERS LICENSE LAW.
A private person who transports school children to and from school without compensation does not “operate” school bus.
81-37Apr 30INHERITANCE TAX.Consideration affecting transfer in contemplation of death.
81-37July 16ESCHEAT FUNDS.All funds remaining unpaid and unclaimed in the hands of executor or administrator shall, upon order of the court in which a final settlement is made, be paid into the treasury within one year.
82-37Feb 27GENERAL ASSEMBLY.Power of Legislature to employ additional employees to assist Investigating Committee under House Resolution No. 60
82-37Mar 5DEPOSITORIES.
COUNTY DEPOSITORIES.
Bond must be given to secure the full amount of the “total annual revenue” of the county.
County treasurer liable for funds deposited in an unlawful county depository.
82-37Mar 17TOWNSHIP ELECTIONS.Ballots need not conform with Sec. 10300, R. S. 1929, as amended, pertaining to General Elections.
82-37Apr 1Hon. John E. ShortWITHDRAWN
82-37July 16TAXATION & REVENUE.
INCOME TAX.
Corporations do not have to file tax returns if they have no income. Individuals do not have to file tax returns unless income exceeds $1,000.00 in case of a single person, or $2,000.00 for head of family or married.
82-37Aug 17COUNTY COURT.Does not have authority to divert funds derived by levies of special road district for purpose other than that for which same were levied.
Special road district may recover from county funds to which it was entitled under Sec. 8042, R. S. Mo. 1929, When.
82-37Aug 25COUNTY COURT.Under Section 9868, R. S. Mo. 1929, additional levy can be placed on the collector’s books and collected in the year 1937.
82-37Dec 6ELECTIONS.Board in Kansas City may not pay additional assistants more than that fixed by statute.
82-37Dec 8BOARD OF ELECTION COMMISSIONERS.Shall select names of judges and clerks at least 60 days prior to the city election to be held on March 29, 1938.
83-37Jan 8MOTOR VEHICLE.Persons charged with the larceny of a motor vehicle or any part thereof, when found guilty, the punishment shall be assessed in accordance with the provisions of the Motor Vehicle Act.
83-37Jan 8BOARD OF HEALTH.
SOLDIERS AND SAILORS.
RECORDS.
A fee of 50 cents must be charged for certified copies of birth or death records, except soldiers and sailors, when certain facts exist, are entitled to same free of charge.
83-37Jan 13OFFICES.Superintendent of Trachoma Hospital at Rolla may accept employment as examiner for insurance company and Missouri Commission for the Blind if such does not interfere with his duties as Superintendent.
83-37Feb 2COLLECTOR.
EX OFFICIO TREASURER.
Required to give a new bond after January 1, 1937.
83-37Feb 26COUNTY TREASUERER EX OFFICIO COLLECTOR.Not entitled to percentage fee for disbursement of school moneys referred to in Section 9266 R. S. Mo. 1929.
83-37Mar 22AMENDMENT NO. 4.
HOUSE BILL NO. 218.
Rabbits are not protected at the present time, but if House Bill No. 218 is enacted by the Legislature the Conservation Commission, as set up in Amendment No. 4 will have the control and regulation of rabbits to the extent that said Bill confers authority on the Commission.
83-37Mar 23CHECKS OR DRAFTS.Insufficient fund checks. Applicability of Section 4305 R. S. Mo. 1929.
83-37Apr 1ELECTIONS.The office of Collector of cities of the fourth class is an elective office. When an office does not appear on the ballot the electors may write in the name of a qualified person to fill that office.
83-37Apr 2BARBER BOARD.The moral character of an applicant for a barber’s certificate is within the discretion of the board of examiners, conviction of a crime may be taken in consideration in determining same.
83-37Apr 2INHERITANCE TAXES.Non-resident beneficiaries have the same exemption as resident beneficiaries.
83-37Apr 20INTER-STATE COMPACTS.House Bill 459 not in conflict with Constitution of Missouri and United States.
83-37May 4ADMINISTRATION.Estates of persons presumed to be dead must be administered according to the terms of the statutes.
83-37May 5TAXATION AND REVENUE.Liability of employees of Federal Reserve Banks for Missouri Income Taxes.
83-37May 7Hon. Wayne V. SlankardWITHDRAWN
83-37May 24LIQUOR.Appropriation for Department of Liquor Control cannot be used to pay expenses of witnesses subpoenaed by the State or Liquor Control.
83-37June 9CORONER.Duty of attending physician to notify coroner upon death of person from injuries received by violence.
83-37June 15Hon. Forrest SmithWITHDRAWN
83-37June 17BONDS.
OFFICERS.
Collector who fails to certify delinquent state income taxpayers within thirty days after delinquency is liable on his official bond.
83-37June 18TAXATION – INCOME TAXES.Liability of employees of railroad federal equity receiver or trustee under Section 77 of the National Bankruptcy Act.
83-37July 14COUNTY SURVEYOR.Entitled to salary as Surveyor and as ex officio County Engineer.
83-37July 14SALES TAX: SECTIONS 13, 24 AND 25, SALES TAX ACT OF 1937.In case the State Auditor extends time for making any return or paying any tax required by this Act, such taxpayer is relieved of the payment of the interest prescribed by Section 24 and is entitled to deduct the 3% of the tax as provided by Section 25 of the Act.
83-37Aug 13COUNTY COLLECTORS.County Collectors liable on official bonds, where they fail or refuse to publish a list of delinquent lands for sale.
83-37Sept 4PROSECUTING ATTORNEY.(1) May make and swear to complaint for a felony under Section 3467, R. S. 1929.
(2) No civil liability on prosecuting attorney in event of failure of prosecution by acquittal, dismissal or otherwise.
83-37Sept 23TAXATIONS.
SALES TAX.
Fees and charges paid for privilege of fishing are not subject to the provisions of the 2% Sales Tax Act.
83-37Nov 4NURSERY STOCK.Subject to inspection, when.
83-37Nov 5MISSOURI ATHLETIC COMMISSION.Commission has no jurisdiction over boxing events held at Jefferson Barracks.
83-37Dec 2MOTOR VEHICLE FUEL
TAX.
GASOLINE.
No refund of tax on gasoline exported in tanks of automobiles.
83-37Dec 31STATE BOARDS.Right of State Auditor to issue warrants for rent and stenographic help for the following Boards: Nurse Examiners, Optometry, Osteopathy, Barbers, Embalming, Chiropractic Examiners, Dental Examiners, Accountancy and Pharmacy.
84-37Sept 10TAXATIONS.
SALES.
TAX.
Rural Electrification Co-Operative Associations to pay the sales tax for electric current and energy purchased from the seller of such current.
85-37Feb 5AMENDMENT NO. 4.(1) The amendment does not empower the Conservation Commission to make its own laws independent of the Legislature.
(2) A statute enacted by the Legislature empowering the Conservation Commission to make its own laws would not be valid.
(3) Amendment does not authorize Commission to determine who shall buy licenses to hunt, etc. And four other questions.
85-37Feb 20SUPERVISOR OF BUILDING AND LOAN ASSOCIATIONS.(1) A person appointed by the Governor to fill vacancy in office of Supervisor of Building and Loan Associations has authority to discharge the duties of Supervisor prior to confirmation by the Senate.
(2) Removal of supervisor disqualifies him to act as Receiver. Supervisor appointed to fill vacancy should proceed to have himself appointed receiver in all cases pending in court and court should appoint him as such receiver.
85-37Apr 5MOTOR VEHICLES.Commissioner of Motor Vehicles may show tonnage capacity on license plates for commercial vehicles.
85-37Apr 29GOVERNOR.Senate Bill No. 5 which attempts to create a Revision Commission is unconstitutional for four reasons.
85-37May 18BUILDING & LOAN.Proposed merger of Benefit with North American Association approved.
85-37May 25BOARD OF PERMANENT SEAT OF GOVERNMENT.May hang in the Capitol plaster cast models of Victor Holm’s Missouri Monument in the Vicksburg National Park, one panel showing the Union Army in battle and one showing the Confederate Army in battle, if said panels harmonize with the uses, style and construction of the State Capitol.
85-37July 3DRAINAGE DISTRICTS.Collection of costs in suits for delinquent drainage taxes.
85-37July 15SALES TAX AND REVENUE.Consular officers and their employees, nationals of other foreign governments, not liable for payment of a sales tax.
85-37July 26SALARIES AND FEES.
OFFICERS.
Probate Judges compensation is based on fees collected rather than on fees earned.
85-37July 30MOTOR VEHICLES.Non-residents who purchase motor vehicles in Missouri may be issued certificate of ownership.
85-37Aug 27BOARD OF PHARMACY.If April examination is declared void, applicants found guilty of no wrong should be given opportunity to retake examination prior to September 6th, 1937.
85-37Sept 9AMENDMENT NUMBER FOUR.
CONSERVATION COMMISSION.
All counties now having in force the provisions of Section 8246, relating to a closed season on quail will continue to have closed season until the expiration of the time as mentioned in said section.
85-37Sept 22GOVERNOR.The Governor of the State of Missouri cannot sign and enter into a compact with other states without legislative authority.
85-37Oct 28COUNTY TREASURER.The County is not liable for the compensation of the county treasurer prior to his appointment by the Governor.
85-37Nov 8Hon. Lloyd C. StarkWITHDRAWN
85-37Nov 24MOTOR VEHICLES.Commissioner of Motor Vehicles may, in his discretion, with the approval of the State Highway Engineer, issue overweight permits in accordance with the terms of the statute.
85-37Dec 16MOTOR VEHICLES.What constitutes “public” or “common carrier” within the meaning of Section 5, Laws of 1937, page 372.
85-37Dec 29STATE INSTITUTION INSURANCE.Insurance may be carried on properties of state institutions if authorized by statute and if legislature makes appropriations for payment of premiums.
86-37Apr 9MOTOR VEHICLES.If plates are lost or destroyed by seizure or otherwise duplicates must be issued.
86-37May 7COUNTY SURVEYOR.If surveyor refuses or neglects to give bond within the time prescribed in section 11572, then, by the terms of section 11574, a vacancy may be declared and filled by the Governor under section 10216.
86-37May 8TAXATION.County Collector unauthorized to collect delinquent real estate taxes due cities of the fourth class, is without authority to sell property to enforce such collections, and is entitled to no commission on any such taxes collected.
86-37June 29MOTOR VEHICLES.All operators of motor vehicles being operated within this state, whose height, width and length exceeds the inhibitions of the statute by reason of the use of clearance lights and rear vision mirrors, must obtain special permits therefor.
86-37Aug 6CIRCUIT CLERKS-FEES & SALARIES.
CLERK OF JUVENILE COURT-SALARY.
HOUSE BILL 177.
1. Emergency clause not effective under H.B. 177.
2. Clerk permitted change from fee basis to salary, during term, without violating Sec. 8, Art. XIV, Mo. Const.
3. Clerk of Juvenile Court entitled to salary during his present term.
86-37Aug 17LOTTERIES.“Surprise Night” and similar theatre schemes.
86-37Nov 12 VENDING MACHINES. May be a lottery or slot machine depending upon the value of the tokens given as prizes.
87-37Jan 20 DEEDS OF TRUST AND MORTGAGES. Person must release within thirty days after date of payment of deed of trust or mortgage, after request; and failing to do so penalty attaches.
87-37Mar 12 PRIVATE SCHOOLS. A school incorporated under the provisions of Article X, of Chapter 32, of R. S. Mo. 1929, is entitled to hold property for corporate purposes up to an amount as indicated in Section 9743, R. S. Mo. 1929, and such property shall be tax exempt.
88-37Jan 25 PUBLIC ADMINISTRATOR. Term of office. Eligibility to office not affected by time of filing surety bond.
88-37Sept 22 COUNTY CLERKS. County Courts cannot persist in keeping a county clerk on a fee basis until the expiration of the term for which the county clerk was elected.
89-37Mar 5 COUNTY HIGHWAY COMMISSION.
COUNTY HIGHWAY ENGINEER.
COUNTY COURTS.
Expenses, mileage and per diem for traveling outside the county. Right to per diem for same day as County Court and County Board of Equalization.
89-37May 13 OLD AGE ASSISTANCE. House Concurrent Resolution No. 16 in Senate Journal, p. 580, as it applies to Old Age Assistance and the Old Age Assistance Department.
90-37Apr 29ANIMALS—STALLIONS. Owner of stallion has lien on foal for one year.
90-37Apr 29 CITY COLLECTOR. When special election may be called to fill office; authority to reduce compensation.
94-37Apr 22 COSTS.Jury costs, under Section 8774, after a mistrial and a compromise between the parties in which each agrees to pay half, should be six dollars for each party.
94-37Aug 6 INHERITANCE TAX. Missouri estate tax on property belonging to non-resident is equal to 80% of the Federal estate tax imposed on said property.
94-37Nov 10 ROADS AND BRIDGES. Warrants may be issued and registered up to amount of anticipated revenue, but not in excess.
96-37Aug 3Mr. J. T. White WITHDRAWN
97-37Jan 4 TAXATION. Personal property of Naval Reservists subject to property tax.
97-37Jan 4 TAXATION. Certificate holder only entitled to receive amount of certificate plus subsequent taxes paid.
97-37Jan 13 SHERIFFS. Contracting with sheriff’s brother to feed prisoners at County Jail would not be a violation of the Nepotism Act.
97-37Jan 27 RECORDER. Recorded instruments may be destroyed without liability on the part of the Recorder.
97-37Mar 10 COUNTY HIGHWAY ENGINEER. Compensation and when same may be withheld.
97-37Mar 23 COUNTY BUDGET ACT. Contracts made with an Engineer for determining data for roads and bridges, if the compensation is fixed according to the amount of data prepared and he is to be paid after completion of the work his compensation should be paid out of the revenue for the year in which the work is completed.
97-37Apr 20 SCHOOLS. District of residence need not pay any of the first $50.00 of high school tuition for its pupils.
97-37Apr 30 TOWNSHIP TREASURER. The township ex officio treasurer of township is not entitled to commission on money belonging to office which he turns over to his successor.
97-37May 6 TAXATION.
BUILDING & LOAN.
Building and Loan association cannot be compelled by county board of equalization to give list of shareholders; shareholders must return list of shares and actual cash value thereof; shares upon which there is a loan need not be returned on the assessment list.
97-37May 18 DRAINAGE & LEVEE DISTRICTS.
LEVEE & DRAINAGE DISTRICTS.
COUNTY TREASURER.
TAXATION AND REVENUE.
COUNTY TREASURER’S FEES.
Fees due county treasurer for disbursing levee funds organized under county courts.
97-37May 25 ASSESSOR. Under Section 12357 is to receive four cents for the complete blank and not for each separate item filled out in said blank.
97-37June 7 COLLECTORS. Rule for determining the classification under Section 9935. Taxes levied for special road district to be included in classification.
97-37June 11CRIMINAL COST.Neither State, County or Prosecuting Attorney’s Office are liable for cost when a person charged with a felony on complaint of prosecuting attorney, is discharged by examining official, or at request of Prosecuting Attorney.
97-37July 27TAXATION-ABANDONED RAILROAD RIGHT-OF-WAY.Mode of collecting tax on same.
97-37Aug 10COUNTY COURT.
ROAD BONDS.
Section 7963, R. S. Mo. 1929, requires proceeds of road bonds to be turned over to the township treasurer and disbursed by him on order of county court.
97-37Aug 16JUSTICES OF THE PEACE.Powers to grant stays or execution can commute fines to imprisonment.
97-37Sept 3TAXATION.County Collector has the right to accept payment for less than all taxes, interest and penalties due and delinquent on land being advertised for the third sale.
97-37Sept 4PRIVATE CORPORATIONS.Subject to prosecution for violations of the criminal law.
97-37Sept 14TAXATION.Sales of delinquent lots and lands may be held at any courthouse located in the county if notice provides for same; if notice does not provide then sale to be held at county seat courthouse.
97-37Sept 17TAXATION.Procedure to be followed in sale of land for delinquent taxes under Jones-Munger Law in view of remission statutes.
97-37Oct 9PROSECUTING ATTORNEYS.It is not the duty of the prosecuting attorney to bring suits in behalf of the parents of students against the school district.
97-37Oct 11MOTOR VEHICLES.
DRIVER’S LICENSE ACT.
Requires an operator to take out only one driver’s license.
97-37Nov 12TAXATION & REVENUE.Jones-Munger Bill. Purchaser of any title or interest or real estate by proper conveyance would have the same right of redemption as former owner.
97-37Nov 12TAXATION.Poll taxes for 1937 to be collected; Section 8181 relating to poll tax in Special Road Districts not repealed.
97-37Nov 13CATTLE AND HOGS.
INSPECTION OF.
Duty of brand inspector to inspect.
97-37Nov 22Hon. W. P. WilkersonWITHDRAWN
97-37Dec 21CRIMINAL PROCEDURE.
COURTS.
Special judge selected by Prosecuting Attorney and Defendant to try criminal case, cannot parole convicted defendant.
97-37Dec 31FEES.
RECORDER AND CIRCUIT CLERK.
Recorder and Circuit Clerk shall collect and account for fees for taking acknowledgments and affidavits.
98-37Feb 5FICTITIOUS NAME.Use of fictitious name as a violation of criminal law.
98-37Feb 20Hon. Conn WithersWITHDRAWN
97-37Apr 23ESCHEATS FUND.Payment to Nonresident.
98-37Sept 9Hon. Conn WithersWITHDRAWN
98-37Oct 18PLAN OF SCREEN.A lottery in violation of Section 4314 R. S. Missouri 1929.
98-37Nov 17FUNDS.Transfer of funds at end of biennium in accordance with the Laws of Missouri 1933, Section 1, page 415.
98-37Dec 20COLLECTOR’S BONDS.
BONDS.
County Court may pay premium on collector’s bond, if collector elects to give surety bond and county court consents to the giving of same.
98-37Dec 22SHERIFFS.Fees in reference to non est returns on search and seizure warrants.
99-37Jan 8CEMETERIES.
TAXATION.
Land owned by cemetery company and not used for burial purposes is subject to taxation.
99-37Jan 21COUNTY COURTS.May employ and dismiss assistants under Section 8020, R. S. Mo. 1929.
99-37Mar 27HABITUAL CRIMINAL ACT.Sections 4461 and 4462, R. S. 1929. Principal charge may be based on a “mixed felony” and be punished under “Habitual Criminal Act.”
99-37Apr 13ROADS AND BRIDGES.County Court may not appoint road overseer under Section 7870 for special road districts created under Section 8061, R. S. Mo. 1929.
99-37May 24LOTTERY.“Win-O” game operated by theatre is a lottery.
99-37Oct 13JONES-MUNGER LAW.
PUBLICATION.
It is not necessary under Section 9952b, 1935 Session Acts for the Collector to make any certification to be embodied in the publication.
99-37Nov 4ELECTIONS.St. Louis election board authorized to appoint deputy commissioners for purposes of registration.
99-37Nov 22BOARD OF ELECTION COMMISSIONERS.That part of Section 36 which provides that the information required to be typewritten on affidavit forms is to be taken from registration book is directory.
100-37June 16FEES.
SHERIFFS.
For summoning petit jury and for apprehension of fugitives.